SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE TOWNSHIP OF SOUTH ORANGE VILLAGE, NEW JERSEY

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-48-204

BACKGROUND

A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the Township of South Orange Village, New Jersey, ("Village") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Departments implementing regulation, 28 C.F.R. Part 35. Because the Village receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Departments implementing regulation, 28 C.F.R. Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Departments Civil Rights Division and focused on the Villages compliance with the following title II requirements:

to conduct a self-evaluation of its services, policies, and practices by July 26, 1992, and make modifications necessary to comply with the Departments title II regulations (28 C.F.R. Part 35), 28 C.F.R. § 35.105;

to notify applicants, participants, beneficiaries, and other interested persons of their rights and the Villages obligations under title II and the Departments regulations, 28 C.F.R. § 35.106;

to designate a responsible employee to coordinate its efforts to comply and carry out the Villages ADA responsibilities, 28 C.F.R. § 35.107(a);

to establish a grievance procedure for resolving complaints of violations of title II, 28 C.F.R. § 35.107(b);

to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible to and usable by individuals with disabilities, 28 C.F.R. § 35.150, by:

delivery of services, programs, or activities in alternate ways, including, for example, redesign of equipment, reassignment of services, assignment of aides, home visits, or other methods of compliance or, if these methods are not effective in making the programs accessible,

physical changes to buildings (required to be made by January 26, 1995), in accordance with the Departments title II regulation, 28 C.F.R. § 35.151, and the ADA Standards for Accessible Design ("Standards") or the Uniform Federal Accessibility Standards ("UFAS");

C to ensure that facilities for which construction or alteration was begun after January 26, 1992, are readily accessible to and usable by people with disabilities, in accordance with 1) the Departments title II regulation and 2) the Standards or UFAS, 28 C.F.R. § 35.151;

to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160;

where the Village communicates by telephone, to communicate through a teletypewriter ("TTY"), or other equally effective telecommunications system, with individuals who have hearing or speech impairments, 28 C.F.R. § 35.161;

to provide information for interested persons with disabilities concerning the existence and location of the Villages accessible services, activities, and facilities, 28 C.F.R. § 35.163(a);

to provide signage at all inaccessible entrances to each of its facilities, directing users to an accessible entrance or to information about accessible facilities, 28 C.F.R. § 35.163(b).

The Department limited its program access review to those of the Villages programs, services, and activities that operate in the following facilities: Village Hall, Baird Community Center, the Village Library, the Village Police Headquarters and Court, and Cameron Park and Pool House. The following facilities contain alterations that commenced after January 26, 1992, which thus must comply with the ADAs new construction/alterations requirements: the Village Hall and Baird Community Center.

B. JURISDICTION

1. The ADA applies to the Village because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C. § 12133 in order to determine the Villages compliance with title II and the Departments implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the Villages compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the Village should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state or local law.

C. ACTIONS TAKEN BY THE VILLAGE

4. The Village conducted a self-evaluation in 1990 to comply with § 504 of the Rehabilitation Act. It developed a transition plan in 1993 and updated the self-evaluation plan in 1993. The documents show a thorough review conducted by the Village with the assistance of the Village Committee on Persons with Handicapping/Disabling Conditions.

5. In the wake of its self-evaluation, the Village took steps to bring its employment policies into compliance with title I of the ADA. Pre-employment medical or disability inquiries do not appear on its employment application and are prohibited in the interview process. Its policies recognize the Villages obligation not to discriminate against qualified individuals with disabilities in all aspects of hiring and employment; to reasonably accommodate applicants and employees with disabilities upon notice of need, unless to do so causes an undue hardship; and to keep medical information confidential and separate from employees personnel files.

6. The Village appointed an ADA Coordinator on October 27, 1992.

7. The Village adopted its ADA grievance procedure by resolution adopted by the Village Board of Trustees in August, 1993. It provides for a grievance to be lodged with the Village ADA Coordinator, with an appeal to and hearing before the Village President and Board of Trustees. The rules have been construed to protect the substantive rights of interested persons, and the files and records relating to complaints are maintained by the ADA Coordinator.

8. The Village has made some on physical changes to provide program access. It embarked on a program to install curb ramps and accessible parking spaces throughout the Village, compliant fire alarm systems in each facility, and accessible playground equipment at four Village parks. The Village installed an exterior and interior ramp, installed an elevator lift from the first to the second level, lowered lobby counters, installed accessible door hardware, and modified two unisex restrooms in the Village Hall. The Village also installed an exterior and interior ramp, installed an elevator, lowered the service counter, and modified the restrooms in the Baird Community Center. It installed an accessible route, an elevator, and accessible drinking fountains, and budgeted for installation of an accessible unisex restroom to be installed this year in the Village Library. And it installed an accessible route and lowered a lobby window/counter in the Village Police Headquarters/Court and installed accessible routes throughout Cameron Park, the Pool House, and the three pools located therein.

9. The Village Hall has one TTY and the Village Police Department has two TTYs for communicating with the public.

The parties to this Agreement are the United States of America and the Township of South Orange Village, New Jersey. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows:

REMEDIAL ACTION

10. In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter.

11. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. 9-1-1 SERVICES

12. The Village agrees that it will make its TTY equipment readily available to each call taker at its 9-1-1 communication center located at Police Headquarters, that it will train all call takers and routinely evaluate their performance on TTY calls, including test calls, that it will continue to maintain its TTY equipment in a manner equal to its voice telephone equipment, and that it will continue to test its TTY equipment on a regular basis and will keep records of the results of all test calls, beginning with the effective date of this Agreement.

B. EFFECTIVE COMMUNICATION

13. The Village agrees that within 60 days of the effective date of this Agreement the Village will, upon request, make interpreter services available to individuals who are hearing or speech impaired for Board of Trustee meetings, and that it will make Board of Trustee meeting minutes available in alternate formats upon request.

14. The Village agrees that it will provide for in the 2001 fiscal year budget, and purchase within 60 days of approval and execution of the budget, Assistive Listening Devices for use by individuals who are hearing impaired for Board of Trustee meetings.

15. The Village agrees that within 60 days of the effective date of this Agreement the Village will, upon request, make interpreter services available to individuals who are hearing or speech impaired who are detained at the Village Police Headquarters, and that it will make a TTY available upon request to individuals who are hearing or speech impaired and who are detained at Police Headquarters in the same manner that other detainees are allowed access to telephones, but allowing additional time for TTY users to make calls given the time delay on TTY calls.

C. POLICIES AND PROCEDURES

16. The Village agrees that, within 60 days of the effective date of this Agreement, the Village will adopt procedures so that individuals with mobility impairments who are arrested or taken into custody by the Village Police Department will be detained at an alternate location than the Village Police Headquarters. Because Police Headquarters has no accessible holding cells, the Village agrees that it will formalize procedures utilizing a separate jurisdiction within a neighboring community for detaining these individuals in order to provide services that are readily accessible to, and usable by, individuals with mobility impairments during their detention by the Village Police Department.

D. PHYSICAL ALTERATIONS

In order to ensure that the following spaces in Village facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable be individuals with disabilities, the Village will take the following actions.

17. Within 12 months of the effective date of this agreement, the Village will complete the following alterations to the Village Hall:

a. Parking.

(1) The signs designating three accessible parking spaces as reserved are not compliant with the Standards. One sign designating an accessible parking space is mounted low to the ground; there is no sign designating a second accessible parking space provided. There is no van-accessible parking space. Reposition the low sign so that it cannot be obscured by a vehicle parked in the space. Provide a sign at the second accessible space. And establish at least one van-accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. Standards
§§ 4.1.6(1)(b), 4.1.2(5), 4.1.2(7)(a), 4.6.4, 4.30.7, Fig. 9.

b. Accessible Routes.

(1) There is no signage designating an accessible route from the front of the building to the accessible side entrance. Install a sign designating the accessible route from the front of the building to the side entrance. Standards §§ 4.1.6(1)(b), 4.1.2(7)(c), 4.30.7.

(2) There are no handrails for the entrance ramp to the side of the building. Install handrails on both sides of the ramp that are between 34 and 38 inches high, have extensions of at least 12 inches beyond the top and bottom of the ramp segment, and have ends that are rounded or returned to the floor, wall, or post. Standards §§ 4.1.6(1)(b), 4.1.3(3), 4.5.2, 4.8.5.

c. Public Telephone.

(1) The public telephone in the lobby does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, volume control, and signage, and that has its highest operable part not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(17), 4.31, 4.2.6, 4.2.5.

d. Unisex Toilet Rooms.

(1) The toilet rooms do not have the required signage. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signs. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The hot water and drain pipes beneath the lavatory in each toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under the accessible lavatories. Standards
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

(3) There is no rear grab bar in each toilet room. Install a rear grab bar in each room that is at least 36 inches long and that begins at least 12 inches from the centerline of the toilet, i.e. no more than 6 inches from the side wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, Fig.29(a).

(4) The side grab bar in each toilet room is not compliant in size or shape. Install a side grab bar so that it begins no more than 12 inches from the back wall, it is at least 42 inches long, and it extends at least 54 inches from the back wall. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.4, Fig. 29(b).

(5) The height of each toilet seat is 15 1/2 inches from the finish floor to the top of the seat. Provide toilet seats with the top of the seat between 17 and 19 inches from the finish floor. Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.3, Fig. 29(b).

(6) In each toilet room, the coat hook is mounted 66 inches above the finish floor. Provide a hook that it is not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6, 4.2.5.

18. Within 12 months of the effective date of this agreement, the Village will complete the following alterations to the Baird Community Center:

a. Parking.

(1) There is no van accessible parking space. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.6(1)(b), 4.1.2(5)(b), 4.6.4.

b. Accessible Routes.

(1) There is a 1 1/2 inch abrupt change in level at the end of the curb ramp leading to the building from the parking lot. Alter this area so that the transition is flush and free of abrupt changes. Standards §§ 4.1.6(1)(b), 4.1.3(3), 4.5.2, 4.7.2.

(2) The inside handrail for the entrance ramp to the building is not continuous and does not have 12 inch extensions at the top and bottom of each ramp run, and the ends of the handrails do not return smoothly to the ground or wall. Install a handrail that is continuous on the inside of the ramp, provide 12 inch extensions, and return the handrail ends to the ground or wall. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.3.7, 4.8.5.

(3) The tennis courts are not accessible because there is not a curb ramp where the route of travel crosses the curb. Provide at least one accessible route that includes a curb ramp connecting the parking lot with the tennis courts. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.3, 4.7.

(4) The ball fields are not accessible because there is not a curb ramp where the route of travel crosses the curb. Provide at least one accessible route that includes a curb ramp connecting the street with ball fields. Standards §§ 4.1.6(1)(b), 4.1.3(1), 4.3, 4.7.

c. Entrance.

(1) There is a 1 inch abrupt change in level at the entrance of the building from the parking lot. Alter this area so that the threshold is no more than _ inch high and is beveled with a slope no greater then 1:2. Standards §§ 4.1.6(1)(b), 4.1.3(7)(a), 4.13.8.

d. Mens and Womens Toilet Rooms.

(1) The toilet rooms do not have the required signage. Install signage, using raised and Brailled characters, on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the ground and there are no protruding objects within 3 inches of the signs. Standards §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) In each toilet room, the coat hook is mounted 64 1/2 inches above the finish floor. Provide a hook that is not more than 54 inches above the finish floor for a side reach or no more than 48 inches above the finish floor for a forward reach. Standards §§ 4.1.6(1)(b), 4.1.3(12), 4.25.3, 4.2.6, 4.2.5.

(3) The hot water and drain pipes beneath the lavatories in the womens toilet room are not insulated or otherwise configured to protect against contact. Install insulation on the pipes under one lavatory.
Standards §§ 4.1.6(1)(b), 4.1.3(11), 4.22.6, 4.19.4.

In order to ensure that each of the Villages programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the Village will take the following actions.

19. Within 12 months of the effective date of this agreement, the Village will complete the following alterations to the Village Library:

a. Parking.

(1) There is no van accessible parking space. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

b. Entrances.

(1) There is a 1 1/2 inch abrupt change in level at both the front and rear entrances of the building. Alter these areas so that the thresholds are no more than 1/2 inch high and are beveled with a slope no greater then 1:2. Standards § 4.13.8.

c. Existing Mens and Womens Toilet Rooms.

(1) The existing mens and womens toilet rooms are not accessible given its elements, size and arrangement. Install signage directing individuals to the accessible unisex toilet room in the facility which the Village has indicated it will be installing, using raised and Brailled characters, on the wall adjacent to the latch side of each toilet room door so that the centerline of the sign is 60 inches above the finish floor and mounted so that a person may approach within 3 inches of the signage without encountering protruding objects. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.13, 4.16, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Fig, 28, Fig. 29, Fig. 31, Fig. 32.

(1) The spout outlet of the first and second floor drinking fountains are mounted 42 inches from the finish floor. Lower one of the fountains, install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or provide disposable cups next to the fountains that are within accessible reach ranges. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.

f. Public Telephone.

(1) The public telephone located near the rear parking lot does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, volume control, and signage, and that has its highest operable part not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards
§§ 4.31, 4.2.6, 4.2.5.

20. Within 12 months of the effective date of this agreement, the Village will complete the following alterations to the Village Police Headquarters and Court:

a. Parking.

(1) There is no van accessible parking space. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

b. Access to Services.

(1) The intercom phone used to gain access to the Police Headquarters from the building lobby is mounted beyond the allowable reach ranges of the Standards. Reposition the intercom phone so that its highest operable part is not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.2.6, 4.31.3, 4.2.5.

(2) Interior doors throughout the building have knob hardware. Replace the handles with hardware that does not require tight grasping, pinching, or twisting of the wrist to operate. Standards § 4.13.9.

c. Public Telephone.

(1) The public telephone in the lobby does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, volume control, and signage, and that has its highest operable part not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards §§ 4.31, 4.2.6, 4.2.5.

d. Drinking Fountains.

(1) The spout outlet of the drinking fountain is mounted 42 1/2 inches above the finish floor. Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or provide disposable cups next to the fountains that are within accessible reach ranges. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6.

21. Within 18 months of the effective date of this agreement, the Village will complete the following alterations to the Village Police Headquarters and Court:

a. Fine/Check-in Counter.

(1) The top of the fine/check-in counter in the entrance lobby is 43 inches above the finish floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with the Standards, or provide access to services transacted at this counter through alternate means (i.e. by offering those services at an accessible location for individuals who use wheelchairs). Standards § 7.2(2).

b. Mens and Womens Toilet Rooms.

(1) The elements of the mens and womens toilet rooms do not comply with the Standards. Renovate the toilet rooms so that the spaces and elements, including the door, toilet, urinal (mens), grab bars, lavatory, mirror, controls and dispensers, and signage comply with the Standards. Standards §§ 4.13, 4.17, 4.18, 4.19, 4.22, 4.26, 4.27, 4.30, Fig. 30, Fig. 31, Fig. 32.

22. Within 12 months of the effective date of this agreement, the Village will complete the following alterations to Cameron Park and Village Pool House:

a. Parking.

(1) There is no van accessible parking space. Provide one van accessible parking space served by an access aisle at least 96 inches wide and identified by an additional "van-accessible" sign mounted below the symbol of accessibility. Standards §§ 4.1.2(5)(b), 4.6.4.

b. Accessible Routes.

(1) There is a 1 1/2 inch abrupt change in level on the route leading to the building from the parking area. Alter this area so that there is no change in level greater than 1/2 inch and so that any changes in level between 1/4 and 1/2 inch are beveled with a slope no greater than 1:2. Standards § 4.5.2.

(2) The tennis courts are not accessible because there are no accessible routes of travel provided. Provide at least one accessible route connecting the parking lot with the tennis courts. Standards § 4.3.

(1) The public telephone in the lobby of the Pool House does not comply with the Standards. Provide a public telephone that has hearing aid compatibility, volume control, and signage, and that has its highest operable part not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards
§§ 4.31, 4.2.6, 4.2.5.

23. Within 18 months of the effective date of this agreement, the Village will complete the following alterations to Cameron Park and Village Pool House:

a. Womens Shower Rooms.

(1) The shower stalls in the womens shower room are not accessible. Provide one shower stall that is exactly 36 inches wide by 36 inches deep, has a clear floor space that is 36 inches wide by 48 inches deep extending 12 inches beyond the seat wall to enable a wheelchair user to make a lateral transfer, has a shower seat and grab bars, has controls between 38 and 48 inches above the shower floor and no more than 27 inches from the side wall, and has a shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards
§§ 4.21, Fig. 35(a), Fig. 37(a).

b. Mens Shower Rooms.

(1) The shower controls in the mens shower room are mounted 64 1/2 inches above the shower floor and the shower controls are more than 27 inches from the side wall. Reposition the controls so that they are between 38 and 48 inches above the shower floor and reposition one control so that it is no more than 27 inches from the sidewall. Standards § 4.21.5, Fig. 37.

(2) The shower in the mens shower room is not equipped with grab bars or a shower spray unit. Provide grab bars as shown in Figure 35(b) of the Standards and one shower spray unit with a 60 inch long hose or a fixed shower head mounted at 48 inches above the shower floor. Standards
§§ 4.21.4, 4.21.6, Fig. 35(b), Fig. 37(b).

c. Mens and Womens Dressing Rooms.

(1) There are two dressing room stalls in the mens and womens shower rooms that are 33 inches wide by 48 inches deep. There is not enough room for a person using a wheelchair to make a 180 degree turn. The benches in the stalls are mounted 21 1/2 inches above the finish floor and are not compliant in size and configuration. Provide one accessible dressing room in each of the mens and womens shower rooms with a clear floor space that allows enough room for a person using a wheelchair to make a 180 degree turn and has a 24 inch by 48 inch bench fixed to the wall along the longer dimension that is mounted between 17 and 19 inches above the finish floor. Standards § 4.35.2, 4.35.4.

(2) The coat hook in the dressing room stalls in each room is 64 1/2 inches above the finish floor. Provide a coat hook in the accessible dressing room that is not more than 54 inches above the finish floor for a side reach or 48 inches above the finish floor for a forward reach. Standards
§§ 4.2.6, 4.25.3, 4.2.5.

d. Mens and Womens Toilet Rooms.

(1) The toilet rooms do not have the required signage. Install signage using raised and Brailled characters on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and there are no protruding objects within 3 inches of the signs. Standards §§ 4.30.4, 4.30.5, 4.30.6.

(2) The lavatories have twist-type faucets. Replace the faucets with controls that do not require tight grasping, pinching or twisting of the wrist to operate. Standards §§ 4.19.5, 4.27.4.

(3) The stalls in each toilet room are 36 inches wide. Provide a "standard" accessible toilet stall in each room that is at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stalls elements, including entry door, toilet, size and arrangement, toe clearances, grab bars, controls and dispensers comply with the Standards. Standards §§ 4.17, 4.26, 4.27, Fig. 30(a), (c), (d).

(4) The rims of the urinals in the mens room are 24 inches above the finish floor. Provide a urinal so that the rim is no higher than 17 inches above the finish floor. Standards § 4.18.2.

e. Drinking Fountains.

(1) The spout outlet of the drinking fountain is mounted 42 inches above the finish floor. Install a drinking fountain with a spout height no higher than 36 inches from the finish floor, or provide disposable cups next to the fountains that are within accessible reach ranges. Standards §§ 4.15.2, 4.27.3, 4.2.5, 4.2.6, 4.1.3(10).

IMPLEMENTATION AND ENFORCEMENT

24. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the Village will submit written reports to the Department summarizing the actions the Village has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

25. If at any time the Village desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

26. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the Village in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the Village, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement.

27. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

28. In the event that the Village fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may commence proceedings to suspend or terminate its financial assistance to the Village.

29. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the Village or the Department on request.

30. The effective date of this Agreement is the date of the last signature below.

31. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the Villages continuing responsibility to comply with all aspects of the ADA.

32. This Agreement will remain in effect for three years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the Village has been achieved.

33. The person signing for the Township of South Orange Village represents that he is authorized to bind the Village to this Agreement.